Madras High Court
M.Jhony Basha vs State Rep. on 14 September, 2023
Crl.O.P.No.20314 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.09.2023
CORAM :
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
Crl.O.P.No.20314 of 2023
1. M.Jhony Basha
2. Ramzan Bee
3. Sathish
4. Navamani
5. Saravanan @ Sathish
6. Venkadesan @ Vellai
Vaitheeswaran.R @ Kutty Anbu (Deceased) .. Petitioners
Versus
1. State rep., by,
Inspector of Police,
F-1, Chintadaripet Police Station,
Chennai - 600 002.
(Crime No.328 of 2018)
2. Ibrahim.S .. Respondents
Prayer : Criminal Original Petition filed under Section 482 of the Code of
Criminal Procedure, to call for the records in S.C.No.88 of 2021 pending on
the file of the XVI Additional City Civil Court at Chennai and quash the
same.
For Petitioners : M/s.M.Shamugapriya
For Respondents : Mr.A.Gopinath,
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Crl.O.P.No.20314 of 2023
Government Advocate (Crl. Side),
for R1
ORDER
This petition has been filed seeking to quash the proceedings in
S.C.No.88 of 2021 pending on the file of the XVI Additional City Civil
Court, Chennai.
2. The grounds raised by the learned Counsel for the petitioners are
all factual in nature and it requires appreciation of evidence and this Court
cannot decide the same in exercise of its jurisdiction under Section 482 of
Criminal Procedure Code. It is left open to the petitioners to raise all the
grounds before the Court below and the same shall be considered on its own
merits and in accordance with law.
3. The de-facto complainant is present before this Court. He stated
that he has compromised the dispute with A1 and A2. The learned
Government Advocate (Crl. Side) brought to the notice of this Court that A3
to A6 are seasoned criminals against whom number of cases are pending
and they are also involved in serious offences under Sections 302, 307 of
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Crl.O.P.No.20314 of 2023
I.P.C etc. Considering the nature of the allegation that has been made, there
is no scope for quashing the proceedings on the ground of compromise.
4. Accordingly, this Criminal Original Petition is disposed off with a
direction to the Court below to complete the proceedings in S.C.No.88 of
2021 on the file of XVI Additional City Civil Court, Chennai, within a
period of six months from the date of receipt of a copy of this order. The
trial shall be conducted on a day to day basis in accordance with the
guidelines given by Hon'ble Supreme Court reported in Vinod Kumar Vs
State of Punjab [2015 (1) MLJ (Crl) 288 SC]. If the petitioners adopt any
dilatory tactics, it is open to the trial Court to insist upon the presence of
the petitioners and remand them to custody as per the judgment of the
Hon'ble Supreme Court in STATE OF UTTAR PRADESH VS.
SHAMBHU NATH SINGH (JT 2001 (4) SC 3191).
14.09.2023
Index : yes/no
Speaking order/Non-speaking order
Neutral Citation : yes/no
grs
To
1. The XVI Additional City Civil Court,
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.20314 of 2023
Chennai.
2. The Inspector of Police,
F-1, Chintadaripet Police Station,
Chennai - 600 002.
3. The Public Prosecutor,
High Court of Madras.
N.ANAND VENKATESH, J.
grs
Crl.O.P.No.20314 of 2023
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.20314 of 2023
14.09.2023
https://www.mhc.tn.gov.in/judis
